Contested divorce - how does it proceed?

Discussion in 'General Discussions' started by FE40, Apr 25, 2013.

  1. FE40

    FE40 Silver IL'ite

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    Finally, am filing the divorce! I am contesting the divorce, as request for mutual consent failed, and also there is nil communication.

    So i am filing On grounds of mental cruelty and irretrivable breakdown of marriage.

    As per my advocate, if my Ex does not appear to court, it might be considered for Exparte divorce. If contested it depends.

    I have few doubts. Can anyone clear these please.

    Situation 1:
    Ex does not appear to court. And exparte divorce is awarded after a year or so at family court. In that situation, will i be eligible to remarry? Or should i proceed to high court also and obtain the decree again?

    Situation 2:
    If it is contested, how will i be attacked????!!! On what aspects i have to be ready to face the situation???
     
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  2. poojasaruthri

    poojasaruthri Junior IL'ite

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    Situation 1:
    When you get an exparte decree divorce you are eligible to remarry.There is a specific time limitation to set-aside the ex-parte order. You dont have to proceed to high court for obtain the decree again. If your Ex wants to get a reunion with you and for some other reasons he has to approach the proper court for appeal seeking remedy against the exparte order. for more details send me pm
     
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  3. FE40

    FE40 Silver IL'ite

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    Thanks poojasaruthri,

    Could not PM you as i have less no of posts this month!

    As of now, all the notices sent are coming back unclaimed. Dont know whether it is intentional. In such a situation, how does the case proceed?
     
  4. queenie29

    queenie29 Silver IL'ite

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    dear Fe40,

    i dont have much info but there is site.. i am not sure whether i can mention the site hear but if u can PM me then i can give u the site address thru PM

    And thanx for your help (earlier)
    thanks

    queenie
     
  5. 123thirumala

    123thirumala Silver IL'ite

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    hello poojasruthri
    thanks a lot
    pls tell me the " specific limitatation to set aside the exparte order"
     

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